Terms and Conditions

Terms of Use (Terms & Conditions)

The following terms of use (“Terms of Use”) apply to all visitors to or users of this Web site (this "Site"), which Site is owned and operated by Derive Technologies. or one of its affiliates (collectively, "DERIVE TECHNOLOGIES"). Please feel free to browse this Site; however, your access and use of this Site is subject to these Terms of Use and all applicable laws. By accessing, browsing and/or using this Site, you acknowledge that you have read, understand and accept, without limitation or qualification, these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Site. DERIVE TECHNOLOGIES reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. By using this Site you agree to be bound by such modifications, alterations or updates and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

Copyrights and Trademarks

The documents and information on this Site are copyrighted materials of DERIVE TECHNOLOGIES, third parties or both. You are granted permission to display, copy and download the materials on this Site for personal, non-commercial use only, provided you do not modify such materials and that you retain all copyright and other proprietary notices contained in such materials. Except as expressly permitted in the immediately preceding sentence, you may not reproduce in any form, or by any means (including without limitation by “mirroring” on another server) any portion of the materials on this Site without DERIVE TECHNOLOGIES’ prior written consent.

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of DERIVE TECHNOLOGIES or third parties. You are not permitted to use the Marks without the prior written consent of DERIVE TECHNOLOGIES or such third party that owns the Mark.

Any feedback or other information you provide at this Site shall be deemed to be non-confidential and DERIVE TECHNOLOGIES shall be free to use such information on an unrestricted basis.

Global Availability

Information DERIVE TECHNOLOGIES publishes on this Site may contain references or cross references to DERIVE TECHNOLOGIES products, programs and services that are not announced or available in your country. Such references do not imply that DERIVE TECHNOLOGIES intends to announce such products, programs or services in your country. Consult DERIVE TECHNOLOGIES' business contact for information regarding the products, programs and services that may be available to you.

Limitation of Liability and General Disclaimer

ALL INFORMATION AND ANY SOFTWARE AVAILABLE FOR DOWNLOAD ON THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DERIVE TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Although DERIVE TECHNOLOGIES has attempted to provide accurate information on this Site, information on this Site may contain inadvertent technical inaccuracies or typographical errors and DERIVE TECHNOLOGIES assumes no responsibility for the accuracy of the information on this Site. Information on this Site may be changed or updated without notice. DERIVE TECHNOLOGIES may also make improvements and/or changes in the products or services described on this Site at any time without notice.

DERIVE TECHNOLOGIES’ obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from DERIVE TECHNOLOGIES through this Site that is provided without an agreement, that product or service is provided "AS IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

This Site may contain links to third-party Internet sites. Your access to and use of any other Internet sites linked to this Site is at your own risk. DERIVE TECHNOLOGIES provides these links merely as a convenience and DERIVE TECHNOLOGIES does not endorse or accept any responsibility for the content, or the use, of such sites, even if they contain an DERIVE TECHNOLOGIES logo. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. In addition, the mention of non-DERIVE TECHNOLOGIES products or services is for information purposes only and constitutes neither an endorsement nor a recommendation by DERIVE TECHNOLOGIES.

IN NO EVENT WILL DERIVE TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OR DAMAGE TO DATA, ARISING OUT OF ANY USE OF, OR INABILITY TO USE, THIS SITE OR ANY SITE LINKED TO THIS SITE, EVEN IF DERIVE TECHNOLOGIES OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction and Choice of Law

This Site is controlled and operated by DERIVE TECHNOLOGIES from its offices within the United States. DERIVE TECHNOLOGIES makes no representation that materials on this Site are appropriate or available for use in other locations, and access to such materials from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or DERIVE TECHNOLOGIES brings to enforce these Terms of Use or otherwise in connection with any matters related to this Site shall be brought only in the state courts of the State of New York or the Federal District Court for the Southern District of New York.

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